General Terms and Conditions of Sale WWW.DELUXEBEAUTE.FR
DELUXE BEAUTE
20 Rue de Longchamp
75116 Paris
RCS: 41112724400035
PREAMBLE
These "General Terms and Conditions of Sale" apply to legal transactions relating to products marketed to its customers by DELUXE BEAUTE within its virtual store.
DEFINITIONS
The following words or expressions shall herein have the following meanings:
- Internet Shop: refers to the website of DELUXE BEAUTE on which the Products are presented and sold to customers.
- Order: refers to the sales contract concluded between DELUXE BEAUTE and the customer of the DELUXE BEAUTE Internet shop.
- Product sheet: refers to the classified information concerning a product provided by DELUXE BEAUTE when the said product is put on sale in its internet shop.
- Service: refers to all the goods and services offered for sale by DELUXE BEAUTE in its internet shop.
- Product: refers to the sale of Products by DELUXE BEAUTE to customers of its Internet Shop.
- Transaction: refers to all operations, secure processing, authorizations and agreements inherent in the payment of the price of the Products ordered by credit card.
ARTICLE 1 - PURPOSE
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions under which DELUXE BEAUTE offers and sells its Products to its customers.
These general conditions of sale will prevail over all other conditions appearing in any other document, unless prior, express and written derogation.
ARTICLE 2 - ACCEPTANCE OF THE CONDITIONS
The customer acknowledges having read, at the time of placing the Order, these general conditions of sale and expressly declares to accept them without reservation.
These general conditions of sale govern the contractual relations between DELUXE BEAUTE and its customer, both parties accepting them without reservation.
ARTICLE 3 - PRODUCTS
The majority of the products offered by DELUXE BEAUTE to its customers are immediately available under the conditions of available stock. However, all products marketed by SOCAP FRANCE may or may not necessarily be sold online.
ARTICLE 4 - ORDER
Automatic registration systems are considered proof of the nature, content and date of the Order.
DELUXE BEAUTE will confirm to the customer the acceptance of his Order by sending a confirmation message to the email address that the latter will have communicated. The sale will only be concluded from the sending of said order confirmation.
DELUXE BEAUTE reserves the right to refuse or cancel or put on hold any Order of a customer, in particular in the event of insolvency of said customer or in the event of a failure to pay the Order concerned or a previous delivery or a dispute relating to the payment of a previous order.
The information indicated by the customer, when entering the information inherent to his Order binds the latter. DELUXE BEAUTE can not be held responsible for errors made by the customer in the wording of the contact details of the recipient of the Order (delivery address, billing address in particular) and delays in delivery or the impossibility of delivering the Products ordered that these errors could cause.
ARTICLE 5 - DELIVERY
5.1 - General
The products are delivered to the delivery address you indicated during the ordering process.
The delivery time corresponds to the processing and delivery time.
When you order several products at the same time and these have different delivery times, the delivery time of the order is based on the longest time. however, DELUXE BEAUTE reserves the right to split shipments. Participation in the processing and shipping costs will only be charged for one shipment.
In any case, in accordance with the legal provisions, in the event of late delivery, you have the possibility to terminate the contract under the terms and conditions defined in Article L 216-2 of the Consumer Code. In this case, if you have received the product, after your cancellation, we will refund the product and the " go " costs under the conditions of Article L 216-3 of the Consumer Code.
We also invite you to regularly check your order tracking and contact Customer Service for any questions or in case of problems. We provide you with a number (cost of a local communication from a landline) indicated in the order confirmation email that you will receive after validation of your order, and accessible in your "My Account" page; To do this, simply log in with your e-mail address and password.
We remind you that at the moment when you (or a third party designated by you) take physical possession of the products ordered, the risks of loss or damage to the products will pass.
5.2 - Reservations
You must notify the carrier and DELUXE BEAUTE any reservations about the delivered product (for example: damaged package, already opened ...).
5.3 – Method of delivery
Your purchases are delivered according to the means of delivery accepted not DELUXE BEAUTE indicated in the " Delivery method " section
ARTICLE 6 - WITHDRAWAL
6.1 – Legal period of the right of withdrawal
In accordance with the legal provisions in force, you have a period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify reasons or pay a penalty. After communicating your decision to exercise your right of withdrawal within this 14-day period, you have another 14 days to return the product(s) concerned by the withdrawal.
6.2 - Contractual withdrawal period
On socapfrance.com, we offer you the possibility to exercise your right of withdrawal within 15 days of receipt of the products. Then you have another period of 15 days from the communication of your decision of withdrawal to return the product or products concerned.
In the event of an order containing several products, placed socapfrance.com, the period of 15 days to communicate your decision to withdraw runs from the receipt of the last product.
The procedures for exercising your right of withdrawal are specified in 6.3.
6.3 Conditions for exercising the right of withdrawal
In case of exercise of the right of withdrawal within the period referred to in 6.2, only the price of the product (s) purchased and the shipping costs will be refunded, the return costs remaining at your expense.
Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their marketing in new condition, and, if possible, accompanied by a copy of the purchase invoice for optimized management. In case of depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product, your responsibility may be engaged.
To exercise your right of withdrawal, in accordance with the legal provisions, you will find attached in Appendix 2 the standard withdrawal form to be sent to us at the following address: DELUXE BEAUTE Customer Service – 20, Rue de Longchamp – 75116 Paris. You can exercise your right of withdrawal by any means at the DELUXE BEAUTE and in particular by post or an email expressing your desire to withdraw without any ambiguity, and mentioning the order concerned by this withdrawal.
Once the form or declaration of withdrawal has been sent to DELUXE BEAUTE at the latest within 15 days of receipt of your order, you must return the product(s) concerned to DELUXE BEAUTE, within a reasonable time and, at the latest, within 15 days from the sending of the form or the declaration of withdrawal to DELUXE BEAUTE.
To get an estimate of your return costs:
- Go to the Chronopost website at this address.
- Click on " PRACTICAL RATES IN POINTS OF SALE (Post Offices and Chronopost Agencies) "
This estimate of return costs does not incur DELUXE BEAUTE. The price to be paid for the return of your product may vary depending on the carrier you have chosen to return your product.
6.4 - Return address
DELUXE BEAUTE
20, Rue de Longchamp
75116 Paris
Contact our Customer Service by clicking here.
ARTICLE 7 - PRICES
The price is expressed in euros.
The prices of our products are indicated in euros all taxes included.
The price indicated on the Product Sheets does not include the costs inherent in transport.
The price indicated in the Order confirmation is the final price expressed including taxes. This price includes the price of the Products, the costs of handling, packaging and conservation of the Products, the costs of transport and commissioning are separate.
Any customs taxes or costs related to the importation of the goods into the customer's country of residence are at the customer's expense and will be invoiced in addition by the authority in question.
ARTICLE 8 - PAYMENT
The price invoiced to the customer is the price indicated on the Order confirmation sent by DELUXE BEAUTE
The price of the products is payable in cash by one of the means of payment offered on the site on the day of the actual order.
Protection against fraudulent use of the means of payment used for the transaction, in particular following a hack or against possible disputes over the payment of the price of an Order, will be provided by the bank payment centre.
The Order validated by the customer will only be considered effective when the secure bank payment center has given its agreement to the transaction and, if necessary, after acceptance of assumption of the risk by the bank payment center.
In case of refusal of the bank payment center, the Order will be automatically canceled and the customer notified by email.
The information related to your order is subject to automated data processing whose responsible is the bank payment center. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud.
The bank payment centers and the merchant from whom you make your purchase are the recipients of the data related to your order. The non-transmission of data in connection with your order prevents the completion and analysis of your transaction.
The occurrence of an unpaid due to fraudulent use of a credit card will result in the registration of the details in connection with your order associated with this unpaid in a payment incident file implemented by the bank payment centers.
An irregular declaration or an anomaly may also be the subject of a specific treatment.
ARTICLE 9 - CUSTOMER SERVICE
For any information or question, our customer service is at your disposal here.
To place an order: 01.42.46.37.25 – Monday to Friday from 9:30 am to 7:00 pm.
For order tracking, for the exercise of the right of withdrawal or to make use of legal guarantees or commercial guarantees: We put at your disposal customer service
electronically : www.deluxebeaute.fr
by fax : 01.86 95 37 87
Form: Order Tracking
ARTICLE 10 - LIABILITY
DELUXE BEAUTE cannot be held liable for damages of any kind, whether material, immaterial or bodily, which may result from a malfunction or misuse of the Products marketed. The same applies to any modifications of the Products resulting from the manufacturers.
The liability of DELUXE BEAUTE will, in any case, be limited to the amount of the order and can not be questioned for simple errors or omissions that could have remained despite all the precautions taken in the presentation of the products. In the event of difficulties in the application of this contract, the customer and DELUXE BEAUTE reserve the right, before any legal action, to seek an amicable solution.
Otherwise, for merchant customers, the Commercial Court of Paris is solely competent, regardless of the place of delivery and the method of payment accepted.
ARTICLE 11 - WARRANTY
The warranty is applicable on defective products, manufacturing defects, hidden defects. As part of the warranty, if a repair is not possible, a new product will be sent. The return costs and the shipping costs of the repaired product or new product are at our expense.
DELUXE BEAUTE cannot be held liable under the warranty for breakdowns or deterioration resulting from improper or abnormal use of the product, modifications of any kind, handling error, damage caused by the carrier (see Article 5 – Delivery) or an accident.
In any case DELUXE BEAUTE can not be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of reception. The liability of DELUXE BEAUTE is systematically limited to the value of the product in question determined on the date of its sale and this without the possibility of recourse against the brand or the company producing the product.
In any case, the customer benefits from the legal guarantee of eviction and hidden defects provided for in Articles 1641 and 1642 of the Civil Code. Provided that the buyer proves the hidden defect, the seller must legally repair all the consequences (art.1641 et seq. of the Civil Code); if the buyer applies to the courts, he must do so within a "short time" from the discovery of the hidden defect (art.1648 of the Civil Code).
The refund or exchange can only be made after receipt and verification of the retracted or returned product. Your package must be complete including all documents, various accessories and a duplicate of the invoice. Any missing elements or any deterioration of the product will result in a refusal of the refund and exchange. Thus, also make sure to pack the product correctly (see Article – Product Return).
The customer may contact either by email at the after-sales service serviceclient@deluxebeaute.fr or via the contact form.
Whatever the reasons for the return, withdrawal or guarantee, the products are to be returned to the after-sales service.
ARTICLE 12 - LEGAL INFORMATION
The provision of personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and routing of orders, the establishment of invoices and warranty contracts. Failure to provide information results in the non-validation of the Order.
In accordance with the law "Informatique et Libertés", the processing of personal information relating to customers has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL).
The customer has (Article 34 of the Law of 6 January 1978) a right of access, modification, rectification and deletion of data concerning him, which he can exercise with pro extension. In addition, DELUXE BEAUTE undertakes not to communicate, free of charge or with consideration, the contact details of its customers to a third party.
ARTICLE 13 - PRODUCT RETURN
Your package must be complete including all documents, various accessories and a duplicate of the invoice. Any missing elements or deterioration of the product will result in a refusal of refund or exchange. Thus, also make sure to pack the product correctly.
The costs of returning the old product are at your expense, however the shipping costs of the new product or the product spotted will be at our expense.
If it is a return under a withdrawal (see Article 6 – Withdrawal), all costs incurred (transport and payment) will be at your expense.
Procedure: the customer must first contact us either by email at the after-sales service serviceclient@deluxebeaute.fr or via the contact form indicating the order number, the product concerned and the reason for his return so that we can initiate the procedure concerning his request. Before sending us his package, the customer will wait for our confirmation on the reasons for the return. If these reasons are valid, will envy his package at the address we will indicate.
ARTICLE 14 - APPLICABLE LAW – DISPUTES – HANDLING OF CLAIMS - MEDIATION
Applicable law: This contract is subject to French law. The language of this contract is the French language. In the event of a dispute, the French courts will have sole jurisdiction.
Complaint handling: For any complaint you can contact customer service at the contact details mentioned in Article 9 of these conditions.
In accordance with Article L. 152-1 of the Consumer Code, you can use the MEDICYS mediation service to which we belong free of charge:
electronically: www.medicys.fr,
or by post:
MEDICYS
73, Boulevard de Clichy
75009 Paris,
Mediation of consumer disputes : In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, DELUXE BEAUTE adheres to the Service of the Mediator of e-commerce of MEDICYS Center for mediation and amicable settlement of judicial officers whose contact details are as follows: 73, Boulevard de Clichy 75009 Paris – www.medicys.fr
You can use the mediation service for consumer disputes related to an order placed with DELUXEBEAUTE on the internet. In accordance with the rules applicable to mediation, any consumer dispute must be entrusted in advance in writing to the DELUXE BEAUTE Consumer Service (20, Rue de Longchamp – 75116 Paris).
After prior written approach by consumers vis-à-vis DELUXE BEAUTE, the Ombudsman's Service may be seized for any consumer dispute whose settlement has not been successful.
To find out how to refer the matter to the Ombudsman: http://www.medicys.fr/index.php/consommateurs/
Online Dispute Resolution Platform : In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
APPENDIX 1 – WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from your order placed on deluxebeaute.fr – except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.
For the attention of DELUXE BEAUTE – customer service – 20, Rue de Longchamp – 75116 Paris
I hereby notify you of my withdrawal from the contract relating to the sale of the good / for the presentation of service(*) below:
Ordered on ............................................ / Received on .......................................................................... (*)
Order number: ................................................................................................
Name of consumer(s): ....................................................................
Address of consumer(s): ..........................................................................
Signature of the consumer(s) (only in case of notification of this form on paper):
Date:..........................................................................
(*) Cross out the unnecessary mention